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Chimel v. California

United States Supreme Court
395 U.S. 752 (1969)


 

Facts

Pursuant to a valid arrest warrant, the police went to Chimel’s (defendant) home to arrest him for the burglary of a coin shop. Chimel’s wife let the police inside and when Chimel returned home they arrested him. Without a search warrant and without permission, the police then conducted a complete search of Chimel’s home. The police instructed Chimel’s wife to remove items from drawers and eventually the police found and seized a number of coins, medals and tokens. Over Chimel’s objection, these items were introduced at trial. The appellate courts affirmed the decision holding that the search of Chimel’s home was valid as a search incident to a lawful arrest.

Rule of Law

Issue

Holding and Reasoning (Stewart, J.)

Dissent (White, J.)

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Questions & Answers


How can the police arrest and search?

Can the police obtain both an arrest warrant and a search warrant for the address where the suspect is expected to be so that they can both arrest and search the house?

Or

Do they have to obtain an arrest warrant and a conditional search warrant that would come in force only if the prospective arrestee is in the premises?

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